Answered: Should the Contract Documents include details of Tender Addenda?
What should be included in the contract documents is the rights and obligations of the parties which they have agreed to. If those were agreed during negotiations, over a pint in the pub, while running...
View ArticleAnswered: Can I claim gain achieved whilst within a CE
From your description is doesn't actually sound like the groundwork's were ever on the critical path and therefore this question is moot. However, if they were on the critical path I would generally...
View ArticleAnswered: Should the NEC Supervisor / Project Manager confirm in writing that...
There remains a need for a defect certificate to be issued by the Supervisor (here the PM) so that must still be done unless the contract has been amended to remove that requirement.
View ArticleAnswered: Using both SCC and SSCC under ECC Main Option A & C?
This has been answered here http://reachback.builtintelligence.com/13630/nec3-ecc-what-happens-when-have-schedules-of-cost-components
View ArticleNEC3 ECC: Where the specification is to be confirmed
An item in our scope of works at tender stage stated "TBC", due to the lack of detail the estimators did not price this item , subsequently the Construction drawings now provide a full detailed spec,...
View ArticleAnswered: NEC3 ECC: Rainfall - Weather CE
It is the difference between the 1 in 10 value and the actual data. The compensation event should then assess the impact of this extra days rain as to what it had in terms of time and cost. In practice...
View ArticleNEC3 FC: Offer and Acceptance, NEC3 Framework Contract, Package Orders
Can someone advise on what as a minimum constitutes the formation of a contract (Package Order) under an NEC3 Framework. My understanding is that if the Employer issues a Work Package; the Supplier...
View ArticleNEC3 Framework Contract
We have been asked to draw up a Framework Contract for a Client who has expressed a desire to use the Engineering and Construction Short Contract for Package Orders. The Framework is intended to run...
View ArticleNEC3 ECC: Can the client change the clauses in the agreement one month after...
The client changed the advanced payment clause one month after signature of the original contract. The project is a 4 month project.
View ArticleNEC3 Option Y(UK)3
If an employer is not a third party under provisions of the Y(UK)3 option, does that imply that the employer has an automatic right to enforce any term(s) of a subcontract????
View ArticleAnswered: NEC3 Option B - The affect of Z-Clauses and Contractors Proposals...
I assume that the contract is Client design and therefore whilst clause 60.1(12) has been deleted a change in the Works Information under 60.1(1) is still a compensation event subject to the two bullet...
View ArticleNEC ECC Option A - Inclusion of site vehicles within a CEQ
Can site vehicles be included within a Compensation Event Quotation? The said vehicles are not used solely for transport (to and from the place of work) as they hold many of the operatives small tools...
View ArticleNEC3 ECC: Recovery of Incidental Staff People in CE Assessments
Under option A is the Contractor entitled to recover incidental staff (people) costs in assessing a compensation even where no programme prolongation has occurred or additional staff having to be...
View ArticleNEC3 ECC: Which can Project Manager use - SCC or SSCC
If both the full SCC and Shorter SCC is used under an ECC main Option C or A, is it the case that the Project Manager can use one or the other to make his own assessment in each case and not both...
View ArticleNEC3 TSC: what's the best way to deal with work carried out by the Contractor...
Had a Contractor carry out work under a Task Order that wasn't instructed but they've attempted to claim for it. Is the best thing to do to notify these items as Defects and be explicit that these...
View ArticleAnswered: NEC3 ECC: Can the client change the clauses in the agreement one...
Clause 12.3 states that that unless a change is provided for by the conditions of contract, changes can only be made by agreement and confirmed in writing by the Parties. Therefore, unless there is a...
View ArticleAnswered: NEC3 ECC: Where the specification is to be confirmed
David based on a standard NEC, the drawings and specification would form part of the Works Information. The Contract Data Part 1 will confirm if this is the case "The Works Information is ........". If...
View ArticleAnswered: NEC3 ECC: Would the allocation of a sum of money to cover a...
As, stated in Clause 50.1 “The project Manager assesses the amount due...” And, clause 50.2 states that “The Amount Due is the Price Work Done to Date.....” And clause 11.2(29) states that “ The Price...
View ArticleAnswered: NEC3 ECC: Improving the compensation event process
I don't necessarily think the process needs to be particularly improved within the contract - but people's understanding and practical application of it can be improved. Within the BuiltIntelligence...
View ArticleAnswered: NEC3 ECC: If the Employer omits elements of work, is the Contractor...
Omitting works will be a change to the Works Information which will then be assessed in accordance with the contract. A "negative" CE will generally be assessed using (for option B) the shorter...
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